Satisfaction of Magistrate that the confinement is an offence is necessary.

Punnayya, J.-

The first respondent filed a petition, Crl.M.P. No. 10 of 1982 before the Judicial First Class Magistrate, Gandhidham, Kutch, alleging that his wife, Usha Advani and daughter Shilpa, were under wrongful confinement of the petitioner, Ashok Thadani at Vijayawada, where he was carrying on business and they should therefore, be produced before the Magistrate and he prayed for the issuance of search warrant under Section 97, Criminal Procedure Code. The Magistrate issued warrant and deputed the Head Constable, respondent No. 2 and the constable, respondent No. 3 of Gandhidham Police Station to execute the warrant and to produce Usha Advani and Shilpa before him. Accordingly respondents 2 and 3 came to Vijayawada and took custody of Usha Advani and Shilpa Advani and brought them to Secunderabad Railway Station to board the train, Minar Express at Secunderabad. The petitioner from whose custody Usha Advani and Shilpa were taken away by respondents 2 and 3, filed this writ petition under Article 226 of the Constitution for the issuance of a writ of hah as corpus directing the first respondent, who is the husband of Usha Advani and respondents 2 and 3 to produce Usha Advani and Shilpa before the Court.

2. This Court issued rule nisi directing respondents 1 to 3 produce Usha Advani and Shilpa on 16th February, 1982 at 10-30 a.m., before the Court. The 4th respondent, who is the Commissioner of Police, was directed to take immediate steps to stop respondents 1 to 3 from taking Usha Advani and Shilpa by Minar Express from Secunderabad Railway Station. The 4th respondent was also directed to make arrangements for the stay of Usha Advani and Shilpa in Home for the destitutes at Secunderabad or if that is not possible they may be kept in one ofthe retiring rooms at Secunderabad Railway Station with the necessary police guard and produce them on 16th February, 1982 at 10-30 a.m. before the Court. The 4th respondent got executed through the Assistant Commissioner of Police, Secunderabad. Maradepalli Division, Secunderabad, the orders of this Court dated 15th February, 1982, and placed Usha Advani and Shilpa in the custody, of the Station House Officer, Women Police Station, Secunderabad, for production at 10-30 a.m., on 16th February, 1982, before this Court.

3. On 16th February, 1982, 10-30 a.m., the Assistant Commissioner of Police produced Usha Advani and Shilpa before this Court.

4. Sri Balireddy, the learned Counsel for the petitioner narrated the circumstances under which Usha Advani and her daughter Shilpa had to take shelter in the house of the petitioner and his brother at Vijayawada. According to him, the 1st respondent the husband of Usha Advani was ill treating and torturing his wife, and beating his daughter, and she apprehended danger to their lives at the hands of the 1st respondent and hence went away with her daughter to her parents at Gandhidham. But the first respondent came to Gandhidham and beat his parents-in-law and also Usha Advani and forcibly brought her and their daughter Shilpa to Bombay and there he continued to ill treat and torture Usha Advani, and beat Silpa. ‘The petitioner, who is the cousin brother of Usha Advani, came to know of her woeful plight and went to Bombay and met her. Then Usha Advani informed him that her life is in danger at the hands of her husband, the first respondent and requested him to take her and her daughter to Vijayawada so that she can live in safety and peace and the petitioner has, therefore, brought Usha Advani and her daughter Shilpa to Vijayawada where he and his brother have been carrying on business. They put Shipla in Sai Public School. The petitioner also informed the parents of Usha Advani about her stay with them in Vijayawada, Usha Advani's parents came to Vijayawada and felt satisfied with the safety of Usha Advani and her daughter and they advised Usha Advani to stay with the petitioner at Vijayawada otherwise there will be danger to the life of Usha A